Basic information
Outline of the system
For health and safety reasons, the importation of goods deemed to be hazardous is prohibited under the Customs Act 1901 (Customs Act), the Customs (Prohibited Imports) Regulations 1956 (PI Regulations). Only the responsible Minister or an authorised person can grant permission to import banned goods.
Product coverage
Goods covered under these Acts include: Goods listed under Schedule 2 in relation to Regulation 4 of the PI Regulations. Please see "Products" Hazardous goods.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The PI Regulations are not intended to restrict the quantity or value of imports. The importation of these goods is regulated due to safety concerns for people and animals if the goods are used inappropriately.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The regulations apply to the importation of goods from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The control on importation of the specified goods is a statutory requirement under the PI Regulations made under the Customs Act.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Applications for permission to import must be made to the responsible Minister or authorised person. The application must include the following information:
- Importer's name and address; - Details of the goods to be imported, including quantity to be imported and intended use and distribution.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications should be made in advance of arrival of the goods.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no such limitations.
Issuing the license
Can a licence be granted immediately on request?
Permission to import is granted by the responsible Minister or an authorised person.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
In certain circumstances, import permission can be given to goods that have inadvertently arrived at the point of entry.
Which administrative body is responsible for approving application of licences?
Permission to import is granted by the responsible Minister or an authorised person.
Must the applications be passed on to other organs for visa, note or approval?
Importers may be required to provide written confirmation from an analytical laboratory recognised by the National Association of Testing Authorities Australia (NATA) (https://nata.com.au/) or a NATA accredited authority, that their goods comply with the requirements of the regulations.
Are there any other conditions attached to the issue of a licence?
Permission to import goods specified under Regulations 4, 4E, 4S and 4U of the PI Regulations may be subject to conditions regarding custody, use, disposal or distribution of the imported goods.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no licensing fee or administrative charge.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issue of licenses.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Apart from statutory or ordinary requirements there are no other criteria.
Are the reasons for any refusal given to applicants?
Reasons for refusal are given to applicants.
Have applicants a right of appeal in the event of refusal to issue a licence?
In certain circumstances applicants refused permission to import may appeal on the merits of the decision to the Administrative Appeals Tribunal.
If so, to what bodies and under what procedures?
Alternatively, an appeal may be made on the decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977.
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no such limitations.
What documents are required upon actual importation?
The original permission from the responsible Minister or authorised person is required to be produced upon importation.
Alternatively, for the importation of lighters under Regulation 4S of the PI Regulations, the importer may complete a statutory declaration stating that a certificate of compliance has been issued and produce that statutory declaration to the responsible customs administration.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The responsible Minister or authorised person may specify a time period for the validity of the permission.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilisation of a license or a portion of a license.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits/licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.